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Dec. 9, 2024

ITEM01 BOA DRAFT MINUTES FOR NOV 14, 2024 original pdf

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BOARD OF ADJUSTMENT SPECIAL CALLED MEETING MINUTES Thursday, November 14, 2024 The BOARD OF ADJUSTMENT convened in a Special called meeting on Thursday, November 14, 2024, at 301 West 2nd Street in Austin, Texas. Chair Jessica Cohen called the Board of Adjustment Meeting to order at 5:31 PM. Board Members/Commissioners in Attendance in-Person: Jessica Cohen-Chair Board Members/Commissioners in Attendance Remotely: Thomas Ates, Jeffery Bowen, Bianca A. Medina-Leal, , Brian Poteet, Maggie Shahrestani, Janel Venzant Board Members/Commissioners Absent Melissa Hawthorne-Vice Chair, Yung-ju Kim, Michael Von Ohlen PUBLIC COMMUNICATION: GENERAL The first (4) four speakers signed up/register prior (no later than noon the day before the meeting) to the meeting being called to order will each be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. None APPROVAL OF MINUTES 1. Approve the minutes of the Board of Adjustment Regular meeting on October 14, 2024. On-Line Link: Draft Minutes for October 14, 2024 The minutes from the meeting October 14, 2024, were approved on Chair’s Jessica Cohen motion, Board member Janel Venzant second, No Objections. PUBLIC HEARINGS Discussion and action on the following cases. Postponement requests to December 9, 2024: Items 2-10 postponed to December 9, 2024 due to the absence of a sufficient number of Board Members required for a formal vote on each case Chair Jessia Cohen motion to postponement Items 2-10 to December 9, 2024; Board member Janel Venzant second on 8-0 votes; ITEMS 2-10 POSTPONED TO DECEMBER 9, 2024. PUBLIC HEARINGS Discussion and action on the following cases. Previous Postponed cases: 2. C15-2024-0028 Peterson 1406 S 3rd Street Haim Joseph Mahlof (Green Bay Remodeling, Inc.) for Wendy Jo 3. On-Line Link: ITEM02 ADV PACKET; PRESENTATION The applicant is requesting the following variance(s) from the Land Development Code, Section 25-2-779 (Small Lot Single-Family Residential Use) from setback requirements to decrease the minimum front yard setback from 15 feet (required) to 5 feet (requested) in order to attach a second story deck in a “SF-4A-NP”, Single- Family - Neighborhood Plan zoning district (Bouldin Creek Neighborhood Plan). Postponed to December 9, 2024 due to the absence of a sufficient number of Board Members required for a formal vote on each case C15-2024-0031 Victoria Haase for Austin Area School for Dyslexics, Inc. 2615 ½ Hillview Road 25-2-492 (Site Development Regulations): On-Line Link: ITEM03 ADV PACKET PART1, PART2, PART3; The applicant is requesting a variance(s) from the …

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Dec. 9, 2024

ITEM02 C15-2024-0028 ADV PACKET DEC9 original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM 02 DATE: Monday, November 14, 2024 CASE NUMBER: C15-2024-0028 _______Thomas Ates (D1) _______Bianca A Medina-Leal (D2) _______Jessica Cohen (D3) _______Yung-ju Kim (D4) _______Melissa Hawthorne (D5) _______Jeffery Bowen (D6) _______Janel Venzant (D7) _______Margaret Shahrestani (D8) _______Brian Poteet (D9) _______Michael Von Ohlen (D10) _______Marcel Gutierrez-Garza (M) _______VACANT (Alternate) (M) _______Suzanne Valentine (Alternate) (M) _______VACANT (Alternate) (M) APPLICANT: Haim Joseph Mahlof - Green Bay Remodeling Inc. OWNER: Wendy Jo Peterson ADDRESS: 1406 3rd ST VARIANCE REQUESTED: The applicant is requesting the following variance(s) from the Land Development Code, Section 25-2-779 (Small Lot Single-Family Residential Use) from setback requirements to decrease the minimum front yard setback from 15 feet (required) to 5 feet (requested) in order to attach a second story deck in a “SF-4A-NP”, Single-Family - Neighborhood Plan zoning district (Bouldin Creek Neighborhood Plan). BOARD’S DECISION: September 9, 2024 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen’s motion to postpone to October 14, 2024; Vice Chair Melissa Hawthorne second on 9-0 votes; POSTPONED TO OCTOBER 14, 2024. OCTOBER 14, 2024 POSTPONED TO November 14, 2024, BY APPLICANT; November 14, 2024 Postponed to December 9, 2024 due to the absence of a sufficient number of Board Members required for a formal vote on each case FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: ITEM02/1 (b) The hardship is not general to the area in which the property is located because: 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: Elaine Ramirez Executive Liaison Jessica Cohen Chair Diana Ramirez forITEM02/2 BOA GENERAL REVIEW COVERSHEET Updated CASE: C15-2024-0028 BOA DATE: Monday, December 9, 2024 COUNCIL DISTRICT: 9 AGENT: Haim Mahlof ADDRESS: 1406 S 3rd St OWNER: Wendy Jo Peterson ZONING: SF-4A LEGAL DESCRIPTION: LOT 4 BLK A JEWELL SUBD VARIANCE REQUEST: decrease the minimum front yard setback from 15 feet (required) to 11 feet (requested) (smaller request than original ask of 5 feet). SUMMARY: attach a 2nd story deck ISSUES: lot size and lot configuration ZONING LAND USES Site …

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Dec. 9, 2024

ITEM03 C15-2024-0031 ADV PACKET PART1 DEC9 original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM 03 DATE: Monday, November 14, 2024 CASE NUMBER: C15-2024-0031 _______Thomas Ates (D1) _______Bianca A Medina-Leal (D2) _______Jessica Cohen (D3) _______Yung-ju Kim (D4) _______Melissa Hawthorne (D5) _______Jeffery Bowen (D6) _______Janel Venzant (D7) _______Margaret Shahrestani (D8) _______Brian Poteet (D9) _______Michael Von Ohlen (D10) _______Marcel Gutierrez-Garza (M) _______VACANT (Alternate) (M) _______Suzanne Valentine (Alternate) (M) _______VACANT (Alternate) (M) APPLICANT: Victoria Haase OWNER: Austin Area School for Dyslexics, Inc. ADDRESS: 2615 ½ HILLVIEW RD VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section:  o feet (requested) o (required) to 15 feet (requested) o (required) to 5 feet (requested) o (requested) o percent (requested) Impervious Coverage to increase from 45 percent (maximum allowed) to 60 Setback Requirements to decrease the minimum rear yard setback from 10 feet Building Coverage to increase from 40 percent (maximum allowed) to 60% 25-2-492 (Site Development Regulations): Setback Requirements to decrease the minimum front yard setback from 25 feet Height Requirements to increase the height from 35 feet (maximum allowed) to 50 ITEM03/1 25-2-832 (Private Schools) (1) a site must be located on a street that has a paved width of  at least 40 feet (required) to 30 feet (requested) from the site to where it connects with another street that has a paved width of at least 40 feet (required) to 30 feet (requested) in order to erect school buildings and structured sub-grade parking facilities in a “SF-3- NP”, Single-Family-Neighborhood Plan zoning district (West Austin Neighborhood Group). BOARD’S DECISION: POSTPONED TO November 14, 2024, BY APPLICANT; November 14, 2024 Postponed to December 9, 2024 due to the absence of a sufficient number of Board Members required for a formal vote on each case FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: Elaine Ramirez Executive Liaison Jessica Cohen Madam Chair Diana Ramirez forITEM03/2 updated 11/22/24 C15-2024-0031 13384371 0119050226 ITEM03/3 …

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Dec. 9, 2024

ITEM03 C15-2024-0031 ADV PACKET PART2 DEC9 original pdf

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Property Profile Legend Notes 2015 Aerial 0 300 600 ft 11/22/2024 This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey. This product has been produced by the City of Austin for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. ITEM03/15 CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM04 DATE: Monday October 14, 2024 CASE NUMBER: C15-2024-0031 _______Thomas Ates (D1) _______Bianca A Medina-Leal (D2) _______Jessica Cohen (D3) _______Yung-ju Kim (D4) _______Melissa Hawthorne (D5) _______Jeffery Bowen (D6) _______Janel Venzant (D7) _______Margaret Shahrestani (D8) _______Brian Poteet (D9) _______Michael Von Ohlen (D10) _______Marcel Gutierrez-Garza (M) _______VACANT (Alternate) (M) _______Suzanne Valentine (Alternate) (M) _______VACANT (Alternate) (M) APPLICANT: Victoria Haase OWNER: Austin Area School for Dyslexics, Inc. ADDRESS: 2615 ½ HILLVIEW RD VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section:  25-2-492 (Site Development Regulations): Height Requirements to increase the height from 35 feet (maximum allowed) to 50 o feet (requested) o (required) to 15 feet (requested) o (required) to 5 feet (requested) o (requested) o percent (requested) Setback Requirements to decrease the minimum front yard setback from 25 feet Setback Requirements to decrease the minimum rear yard setback from 10 feet Building Coverage to increase from 40 percent (maximum allowed) to 60% Impervious Coverage to increase from 45 percent (maximum allowed) to 60 ITEM03/16 25-2-832 (Private Schools) (1) a site must be located on a street that has a paved width of  at least 40 feet (required) to 30 feet (requested) from the site to where it connects with another street that has a paved width of at least 40 feet (required) to 30 feet (requested) in order to erect school buildings and structured sub-grade parking facilities in a “SF-3- NP”, Single-Family-Neighborhood Plan zoning district (West Austin Neighborhood Group). BOARD’S DECISION: POSTPONED TO November 14, 2024, BY APPLICANT FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: 3. The variance will not alter the character of the area adjacent to the property, will not …

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Dec. 9, 2024

ITEM03 C15-2024-0031 ADV PACKET PART3 DEC9 original pdf

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ITEM03/61 ITEM03/62 ITEM03/63 From: Subject: Date: Rawson Saunders School Monday, October 14, 2024 3:00:42 PM [Some people who received this message don't often get email from jkreislemd@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] External Email - Exercise Caution My wife,Elizabeth, and I live across Hillview from the Rawson Saunders School in Austin. They have been good neighbors and, certainly, are engaged in a worthy cause, educating children with dyslexia. We hope they can remain at their location and expand within the restrictions of a zoning variance. We OPPOSE a zoning change. Sent from my iP Sincerely, James and Elizabeth Kreisle CAUTION: This is an EXTERNAL email. Please use caution when clicking links or opening attachments. If you believe this to be a malicious or phishing email, please report it using the "Report Message" button in Outlook. For any additional questions or concerns, contact CSIRT at "cybersecurity@austintexas.gov". ITEM03/64 ITEM03/65 ITEM03/66 ITEM03/67 ITEM03/68 ITEM03/69 From: To: Subject: Date: Ramirez, Elaine Rawson application Monday, October 7, 2024 9:49:39 PM [You don't often get email from jdpaustin@me.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] External Email - Exercise Caution I am a member of the Hillview Green Lane HOA. I object to the application and its change from the current school use, which actually is a non conforming use under their current zoning. We don’t want more commercial traffic in our neighborhood. The dense commercial zoning in such close proximity to Casis Elementary School would present more traffic problems and dangers to the young children and the drivers on an already congested 2 lane Exposition Boulevard as well as nearby residential streets. My regards, John D. Pieratt John D. Pieratt, Attorney P O Box 50390 Austin, Texas 78703 John D. Pieratt, Attorney P O Box 50390 Austin, Texas 78703 CAUTION: This is an EXTERNAL email. Please use caution when clicking links or opening attachments. If you believe this to be a malicious or phishing email, please report it using the "Report Message" button in Outlook. For any additional questions or concerns, contact CSIRT at "cybersecurity@austintexas.gov". ITEM03/70 ITEM03/71 ITEM03/72 ITEM03/73 ITEM03/74 ITEM03/75 ITEM03/76 ITEM03/77 ITEM03/78 ITEM03/79 ITEM03/80 ITEM03/81 ITEM03/82

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Dec. 9, 2024

ITEM03 C15-2024-0031 ADV PACKET PART4 DEC9 original pdf

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Dec. 9, 2024

ITEM04 C15-2024-0040 ADV PACKET DEC9 original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM05 DATE: Monday November 14, 2024 CASE NUMBER: C15-2024-0040 _______Thomas Ates (D1) _______Bianca A Medina-Leal (D2) _______Jessica Cohen (D3) _______Yung-ju Kim (D4) _______Melissa Hawthorne (D5) _______Jeffery Bowen (D6) _______Janel Venzant (D7) _______Margaret Shahrestani (D8) _______Brian Poteet (D9) _______Michael Von Ohlen (D10) _______Marcel Gutierrez-Garza (M) _______VACANT (Alternate) (M) _______Suzanne Valentine (Alternate) (M) _______VACANT (Alternate) (M) APPLICANT: Leah Bojo OWNER: Chris Affinito ADDRESS: 600 CUMBERLAND RD VARIANCE REQUESTED The applicant is requesting a variance(s) from the Land Development Code: Article 3, Additional Requirements for Certain Districts, Division 5 –Combining and Overlay Districts, Section 25-2-654 (Density Bonus ETOD (DBETOD) Combining District Regulations:  (H) Compatibility Requirements (3) Any structure that is located less than 50 feet from any part of a triggering property may not exceed 60 feet (maximum allowed) to 2 feet -4 27/32 inches – 5 feet 6 inches (requesting)  from 25 feet (minimum width allowed) to 2 feet -4 27/32 inches – 5 feet -6 inches (requesting), (H) Compatibility Requirements (4) (a) from compatibility buffer to decrease the in order to erect a Condominium Residential Building in a “GR-V-ETOD, DBETOD and GR-ETOD-DBETOD”, Community Commercial-Vertical Mixed-Use Building-Equitable Transit-Oriented Development and Community Commercial-Equitable Transit-Oriented Development-Density Bonus ETOD. ITEM04/1 Note: The Land Development Code Section 25-2-654 (Density Bonus ETOD (DBETOD) Combining District Regulations (A) (B) (H) This section applies to a property with density bonus ETOD (DBETOD) combining district zoning. This section governs over a conflicting provision of this title or other ordinance. Compatibility Requirements. (1) A building is not required to comply with Article 10 (Compatibility Standards) in Subchapter C. (2) In this subsection, (a) TRIGGERING PROPERTY means a site: (i) with at least one dwelling unit but less than four dwelling units; and (ii) is zoned urban family residence (SF-5) district or more restrictive; and (b) STRUCTURE includes a portion of a structure. (3) Any structure that is located less than 50 feet from any part of a triggering property may not exceed 60 feet. a triggering property. (4) Compatibility Buffer. A compatibility buffer is required along a site's property line that is shared with (a) The minimum width of a compatibility buffer is 25 feet. (b) A compatibility buffer must comply with Section 25-8-700 (Minimum Requirements for Compatibility Buffers). BOARD’S DECISION: November 14, 2024 Postponed to December 9, 2024 due to the absence of a sufficient number of Board Members required …

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Dec. 9, 2024

ITEM05 C15-2024-0041 ADV PACKET DEC9 original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM06 DATE: Monday November 14, 2024 CASE NUMBER: C15-2024-0041 _______Thomas Ates (D1) _______Bianca A Medina-Leal (D2) _______Jessica Cohen (D3) _______Yung-ju Kim (D4) _______Melissa Hawthorne (D5) _______Jeffery Bowen (D6) _______Janel Venzant (D7) _______Margaret Shahrestani (D8) _______Brian Poteet (D9) _______Michael Von Ohlen (D10) _______Marcel Gutierrez-Garza (M) _______VACANT (Alternate) (M) _______Suzanne Valentine (Alternate) (M) _______VACANT (Alternate) (M) OWNER/APPLICANT: Thomas M Schiefer and Meghann Elena Rosales ADDRESS: 1607 10TH ST VARIANCE REQUESTED: The applicant is requesting the following variance(s) from the Land Development Code, Section 25-2-492 (Site Development Regulations) from impervious coverage requirements to increase from 45 percent (maximum allowed) to 65 percent (requested) in order to attach a Single-Family Residence in a “SF-3-NP”, Single- Family - Neighborhood Plan zoning district (Old West Austin Neighborhood Plan) BOARD’S DECISION: November 14, 2024 Postponed to December 9, 2024 due to the absence of a sufficient number of Board Members required for a formal vote on each case FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: ITEM05/1 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: Elaine Ramirez Executive Liaison Jessica Cohen Madam Chair Diana Ramirez forITEM05/2 BOA GENERAL REVIEW COVERSHEET CASE: C15-2024-0041 BOA DATE: Thursday, November 14th, 2024 ADDRESS: 1607 W 10th St OWNER: COUNCIL DISTRICT: 9 AGENT: ZONING: SF-3-H-NP (Old West Austin) LEGAL DESCRIPTION: 0.0670AC OF LOT 21 BLK 1 WESTRIDGE VARIANCE REQUEST: increase impervious cover from 45 percent to 65 percent. SUMMARY: to attach a Single-Family residence ISSUES: small lot, neighboring property encroachment ZONING LAND USES Site North SF-3-H-NP SF-3-NP; CS-MU-CO-NP South East SF-3-NP SF-3-NP; CS-MU-CO-NP West SF-3-NP Single-Family Single-Family; General Commercial Services- Mixed Use Single-Family Single-Family; Single-Family; General Commercial Services-Mixed Use Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Neighborhoods Council Friends of Austin Neighborhoods Homeless Neighborhood Association Old West Austin Neighborhood Association Old West Austin Neighborhood Plan Contact Team Preservation Austin Save Barton Creek Association Save Our Springs Alliance Shoal Creek Conservancy ITEM05/3 October 30, 2024 Thomas …

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Dec. 9, 2024

ITEM06 C15-2024-0042 ADV PACKET PART1 DEC9 original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM07 DATE: Monday November 14, 2024 CASE NUMBER: C15-2024-0042 _______Thomas Ates (D1) _______Bianca A Medina-Leal (D2) _______Jessica Cohen (D3) _______Yung-ju Kim (D4) _______Melissa Hawthorne (D5) _______Jeffery Bowen (D6) _______Janel Venzant (D7) _______Margaret Shahrestani (D8) _______Brian Poteet (D9) _______Michael Von Ohlen (D10) _______Marcel Gutierrez-Garza (M) _______VACANT (Alternate) (M) _______Suzanne Valentine (Alternate) (M) _______VACANT (Alternate) (M) OWNER/APPLICANT: Scott Jacobs ADDRESS: 2003 ARPDALE STREET VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section(s):  the interior side yard setback (East side) from 5 feet (required) to 4.4 feet (requested) 25-2-492 (Site Development Regulations) from setback requirements to decrease  25-2-773 (Duplex, Two-Unit, and Three-Unit Residential Uses): (1) reduce minimum lot area from 5,750 sq. ft. (minimum allowed) to 5,500  sq. ft (requested)  (3) (a) reduce rear setback from 10 feet (required) to 5.5 feet (requested) in order to allow for Single-Family dwelling and accessory dwelling on the lot in a “SF-3”, Single-Family zoning district. Note: To allow two dwelling units. Existing garage, built in 1949, was converted into dwelling in the early 1990's without a permit. The goal for this variance would be to properly permit it as an accessory dwelling. ITEM06/1 LDC, 25-2-773 - DUPLEX, TWO-UNIT, AND THREE-UNIT RESIDENTIAL USES. (A) To the extent of conflict, this section supersedes the base zoning district regulations. (B) For a duplex, two-unit, and three-unit residential use: (1) minimum lot area is 5,750 square feet; (2) minimum front yard setback is 15 feet; (3) minimum rear yard setback is: (a) the base zoning district minimum rear yard setback; or (b) five feet when the lot is adjacent to: (i) an alley; or (ii) another lot with a use that is permitted in a multifamily base zoning district or less restrictive base zoning district; (4) minimum street-side yard setback for a lot located on a corner and: (a) on a Level 1 street is the greater of five feet from the property line or 10 feet from curb, or in the absence of curbs, from the edge of the pavement; or (b) on a Level 2, Level 3, or Level 4 street is 10 feet from the property line; (5) minimum number of street-facing entrances is one; (6) maximum building coverage is 40 percent; and (7) maximum impervious cover is 45 percent. (E) This subsection applies to the area established in Subsection …

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Dec. 9, 2024

ITEM06 C15-2024-0042 ADV PACKET PART2 DEC9 original pdf

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ITEM06/58 ITEM06/59 ITEM06/60 ITEM06/61 ITEM06/62 ITEM06/63 ITEM06/64 ITEM06/65 ITEM06/66 ITEM06/67 ITEM06/68 ITEM06/69 November 8, 2024 To: Board of Adjustment, City of Austin Re: Case C15-2024-0042 (2003 Arpdale), Nov. 14, 2024, Agenda item 7 Dear Chair and Board Members, On August 9, 2021, the Board of Adjustment granted a lot-size variance at 2003 Arpdale, the same variance being requested today. The hearing in 2021 followed the administrative resolution of years of work-without-permit issues and code violations, including confirmation that the accessory structure does not require variances from the side and rear setbacks. Since the 2021 variance, several permits have been issued at this address, and some of them are still active. Unless the applicant can show that a department director has reversed the previous decisions or somehow overturned the Board of Adjustment variance, there is no reason to rehear the case. In short, the applicant has not been denied reasonable use. to submit a formal appeal of a written administrative decision or to challenge the department’s code interpretation. Simply re-applying for a variance that has already been granted makes no sense. Perhaps the Board can postpone the case and request clarification from the department director. size variance granted in August 2021; the first, on page 3, is from myself on behalf of the Zilker Neighborhood Association, and the other, on page 6, is from Jeff Jack, a former member of the Board of Adjustment. To summarize, regarding the setbacks: City of Austin, clarifying that a side yard setback variance is not required at 2003 Arpdale. In 2019 I received the following e-mail from Susan Barr, the residential plans examiner for the Attached are two letters explaining the intricacies of this case and the justification for the lot- If the department director has reversed the previous decisions, the applicant’s remedy would be From: Barr, Susan [mailto:Susan.Barr@austintexas.gov] Sent: Monday, May 13, 2019 9:54 AM To: latherton Cc: Dave Piper; 'Jeff Jack'; Gonzales, Rodney Subject: RE: 2003 Arpdale Appeal of BP #17-074166 Dear Ms. Atherton, Please keep me posted on the results of the Zilker Neighborhood Association discussion. In regards to the side yard setback, structures that were permitted in the distant past that do not meet current yard setbacks are considered legal, non-complying. Since a permit for the garage was found, it’s distance of 4.4’ from the side property line is legal and does not require a special exception. Best Regards, Susan It …

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Dec. 9, 2024

ITEM06 C15-2024-0042 ADV PACKET PART3 DEC9 original pdf

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on this message. Thank you, again, for your patience and for helping us work through the various elements of this case. L. Atherton The conditions forwarded to Mr. Jacobs in 2019, 2020, and 2021 are: The ZNA zoning committee will not oppose a variance at 2003 Arpdale to decrease the minimum lot size to 5,514 sf if the following conditions are met: The owner (Scott Jacobs) must incorporate the corrected dimensions listed below into the variance application or submit a new sealed survey, include a diagram showing where decking and impervious cover will be removed to comply with current building and impervious cover limits, and resolve the specific discrepancies listed below. Dimensions of 2003 Arpdale 1. The area of the property is currently 5,514.14 square feet, which does not meet the minimum lot size of 5,750 square feet required in LDC Article 7, 25-2-943 (2), for lots recorded after March 14, 1946. (a) Maximum building coverage allowed is 2,205.7 sf (40% of total area). (b) Maximum impervious cover allowed is 2,481.4 sf (45% of total area). 2. On March 1, 1984, the accessory structure was a garage with an area of 180 sf and the area of the primary structure was 1,049 sf. Today, the area of the accessory structure, including the covered decks, is at least 648 sf and the area of the primary structure, excluding porches, is 1,420 sf. Building permits were not issued for the additional 839 sf constructed on this property after 1984, and the additions did not comply with applicable regulations at the time of construction. 3. The property does not comply with current building and impervious cover limits. (a) Existing building coverage is 2,307 sf, which exceeds the maximum allowed by 101.3 sf. (b) Existing impervious cover is 3,357 sf, which exceeds the maximum allowed by 875.6 sf. Discrepancies to be resolved and conditions to be included in variance application  Reduce the size of the covered deck. The structure should be limited to the dimensions seen in the 2006 photos provided by Mr. Jacobs. The photos confirm that the covered deck was smaller in 2006 than the current deck. As a condition of the variance, the deck should be reduced at least to the width in the 2006 photo, and the deck should not be allowed to encroach on the rear setback or in the 10-foot space required between the two structures.  …

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Dec. 9, 2024

ITEM07 C16-2024-0002 ADV PACKET DEC9 original pdf

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CITY OF AUSTIN Board of Adjustment- Sign Variance Decision Sheet ITEM04 DATE: November 14, 2024 CASE NUMBER: C16-2024-0002 _______Thomas Ates (D1) _______Bianca A Medina-Leal (D2) _______Jessica Cohen (D3) _______Yung-ju Kim (D4) _______Melissa Hawthorne (D5) _______Jeffery Bowen (D6) _______Janel Venzant (D7) _______Margaret Shahrestani (D8) _______Brian Poteet (D9) _______Michael Von Ohlen (D10) _______Marcel Gutierrez-Garza (M) _______VACANT (Alternate) (M) _______Suzanne Valentine (Alternate) (M) _______VACANT (Alternate) (M) APPLICANT: Michael J Whellan OWNER: Mark Worsham ADDRESS: 12221 MOPAC EXPY SVRD NB VARIANCE REQUESTED: The applicant is requesting a sign variance(s) from the Land Development Code: (B) (1) (b) to increase the maximum sign area on a lot from 64 square feet (B) to allow more freestanding signs from one (1) (maximum allowed) to eight (8) Section 25-10-124 (Scenic Roadway Sign District):  (requesting) (existing)  (maximum allowed) to 90 square feet (requesting)  (requesting),   to 3 feet (requesting) (B) (2) to increase overall sign height from 12 feet (maximum allowed) to 17 feet (F) to allow for internally sign illumination for three (3) signs (requesting) (G) to decrease signs from the right-of-way of at least 12 feet (minimum required) Section 25-2-191 (Sign Setback Requirements)  allowed) to 0 feet (requesting) (E) to decrease the setback of 12 feet from the street right-of-way (minimum ITEM07/1 (F) (1) to increase height of not more than 30 inches (maximum allowed) to 17 feet (F) (2) to reduce clearance of at least nine (9) feet (minimum allowed) to zero (0)  (requesting)  feet (requesting). in order to remodel Free-standing sign(s) for Emergency Services/Hospital Services in a “PUD”, Scenic Roadway Sign District. Note: 25-10-124 - SCENIC ROADWAY SIGN DISTRICT REGULATIONS. (A) This section applies to a scenic roadway sign district. (B) One freestanding sign is permitted on a lot. (1) The sign area may not exceed the lesser of: (a) 0.4 square feet for each linear foot of street frontage; or (b) 64 square feet. (2) The sign height may not exceed 12 feet. (C) Wall signs are permitted. (D) For signs other than freestanding signs, the total sign area for a lot may not exceed 10 percent of the facade area of the first 15 feet of the building. (E) In a Hill Country Roadway corridor, a spotlight on a sign or exterior lighting of a sign must be concealed from view and oriented away from adjacent properties and roadways. (F) Internal lighting of signs is …

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Dec. 9, 2024

ITEM08 C16-2024-0001 ADV PACKET PART1 DEC9 original pdf

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BOA SIGN REVIEW COVERSHEET CASE: C16-2024-0001 BOA DATE: Monday, December 9th, 2024 ADDRESS: 6320 Ed Bluestein Blvd SB COUNCIL DISTRICT: 1 OWNER: Rowdy Durham AGENT: Michael Brad Everett ZONING: GR-MU-CO-NP LEGAL DESCRIPTION: AISD LOYOLA LANE PARTIAL RSB NO 1 BLK A LOT 2 VARIANCE REQUEST: Land Development Code, Section 25-10-123 (Expressway Corridor Sign District Regulations):   (B) (2) (a) to exceed sign area from 60 square feet to 210.36 square feet (B) (3) (a) to exceed sign height of 35 feet (maximum allowed) to 60 feet (requested). SUMMARY: erect freestanding sign ISSUES: topography and dimensions of lot ZONING GR-MU-CO-NP Site North GR-NP South GR-MU-CO-NP LI-NP East SF-3-NP West LAND USES Community Commercial-Mixed Use Community Commercial Community Commercial-Mixed Use Limited Industrial Services Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Neighborhoods Council Del Valle Community Coalition Non-profit East Austin Conservancy Friends of Austin Neighborhoods Homeless Neighborhood Association Overton Family Committee Reissig Homestead LLC Save Our Springs Alliance University Hills Neighborhood Assn. ITEM08/1 October 31, 2024 Brad Everett 6320 Ed Bluestein Blvd Sb Austin TX, 78723 Re: C16-2024-0001 Dear Brad, Property Description: AISD LOYOLA LANE PARTIAL RSB NO 1 BLK A LOT 2 Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance request from LDC Section 25-10- 123(2)(3) at 6320 Ed Bluestein Blvd SB. Austin Energy does not oppose the request, provided that any proposed or existing improvements follow Austin Energy’s Clearance & Safety Criteria, the National Electric Safety Code, and OSHA requirements. Any removal or relocation of existing facilities will be at the owner’s/applicant’s expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of the above review action: https://library.municode.com/tx/austin/codes/utilities_criteria_manual?nodeId=S1AUENDECR_1 .10.0CLSARE If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Rosemary Avila, Planning Officer Infrastructure Services | Austin Energy 4815 Mueller Blvd Austin, TX 78723 (512) 972-8488 Rosemary.avilla@austinenergy.com ITEM08/2 ITEM08/3 ITEM08/4 ITEM08/5 1 06 @ (§ * 090* § / . ¡0/ ƒ ¥0* ⁄ ¢ £ ¢ ¡06 (cid:160) (cid:159) (cid:158) (cid:157) (cid:156) 1 = > -3 C A B 4 02 9* 8 )2 3 )2 = > )3 A 5 6 07 6 7 4 ? 4 07 3 5 06 , @ 0* ? 6 > ; <= 0; 8 090: 8 …

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Dec. 9, 2024

ITEM08 C16-2024-0001 ADV PACKET PART2 DEC9 original pdf

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Dec. 9, 2024

ITEM09 C15-2024-0037 ADV PACKET DEC9 original pdf

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BOA GENERAL REVIEW COVERSHEET CASE: C15-2024-0037 BOA DATE: Monday, December 9th, 2024 ADDRESS: 4521 Merle Dr OWNER: John Steven Rubin COUNCIL DISTRICT: 5 AGENT: Charles Harrell ZONING: SF-3-NP (South Manchaca) LEGAL DESCRIPTION: LOT 1 BLK E FORD PLACE 1 VARIANCE REQUEST: Land Development Code, Section 25-2-773 (Duplex, Two-Unit, and Three-Unit Residential Uses) (C) (3) (b) for Garage Placement of a parking structure not closer to the front lot line than the front most exterior wall of the first floor of the building façade (required) to the parking structure located in front of the most exterior wall (requested). SUMMARY: maintain existing Carport ISSUES: shape of lot (narrow) ZONING LAND USES Site North South East West SF-3-NP SF-3-NP SF-3-NP SF-3-NP SF-3-NP Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Neighborhoods Council Friends of Austin Neighborhoods Go Austin Vamos Austin 78745 Homeless Neighborhood Association Onion Creek HOA Preservation Austin Save Our Springs Alliance South Austin Neighborhood Alliance (SANA) South Manchaca Neighborhood Plan Contact Team Southwood Neighborhood Association TNR BCP – Travis County Natural Resources ITEM09/1 November 25, 2024 Charles Harrell 4521 Merle Dr Austin TX, 78745 Re: C15-2024-0037 Dear Charles, Property Description: LOT 1 BLK E FORD PLACE 1 Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance request from LDC Section 25-2- 773(C)(b) at 4521 Merle Drive. Austin Energy does not oppose the request, provided that any proposed or existing improvements follow Austin Energy’s Clearance & Safety Criteria, the National Electric Safety Code, and OSHA requirements. Any removal or relocation of existing facilities will be at the owner’s/applicant’s expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of the above review action: https://library.municode.com/tx/austin/codes/utilities_criteria_manual?nodeId=S1AUENDECR_1 .10.0CLSARE If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Rosemary Avila, Planning Officer Infrastructure Services | Austin Energy 4815 Mueller Blvd Austin, TX 78723 (512) 972-8488 Rosemary.avilla@austinenergy.com ITEM09/2 ITEM09/3 Portion of the City of Austin Land Development Code applicant is seeking a variance from: LDC-25-2-773 Specifically, (3) Garage Placement this is in reference to an existing carport structure. Section 2: Variance Findings The Board must determine findings described Failure as part of your application. any additional incomplete. below. Therefore, to do so may result supporting the existence Please attach …

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Dec. 9, 2024

ITEM10 C15-2024-0045 ADV PACKET PART1 DEC9 original pdf

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BOA GENERAL REVIEW COVERSHEET CASE: C15-2024-0045 BOA DATE: Monday, December 9th, 2024 ADDRESS: 913 Capitol Ct OWNER: Justin Belmore COUNCIL DISTRICT: 7 AGENT: N/A ZONING:SF-3-NP (Brentwood) LEGAL DESCRIPTION: LOT 19 LADD N A ADDN VARIANCE REQUEST: Land Development Code, Section 25-2-773 (Duplex, Two-Unit, and Three-Unit Residential Uses) (B) (1) to decrease the minimum lot size from 5,750 square feet (required) to 5,158 square feet (requested). SUMMARY: complete a Two-Family Residential ISSUES: triangular shaped lot, property platted in 1916 long before the City adopted minimum lot standards. ZONING LAND USES SF-3-NP SF-3-NP Site North South UNZ East West SF-3-NP SF-3-NP Single-Family Single-Family Unzoned (state owned land) Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Neighborhoods Council Brentwood Neighborhood Association Brentwood Neighborhood Plan Contact Team Friends of Austin Neighborhoods Homeless Neighborhood Association North Austin Neighborhood Alliance Preservation Austin Save Our Springs Alliance Shoal Creek Conservancy ITEM10/1 November 25, 2024 Justin Belmore 913 Capitol Ct Austin TX, 78756 Re: C15-2024-0045 Property Description: LOT 19 LADD N A ADDN Dear Justin, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance request from LDC Section 25-2- 733(B)(1) at 913 Capitol Court. Austin Energy does not oppose the request, provided that any proposed or existing improvements follow Austin Energy’s Clearance & Safety Criteria, the National Electric Safety Code, and OSHA requirements. Any removal or relocation of existing facilities will be at the owner’s/applicant’s expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of the above review action: https://library.municode.com/tx/austin/codes/utilities_criteria_manual?nodeId=S1AUENDECR_1 .10.0CLSARE If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Rosemary Avila, Planning Officer Infrastructure Services | Austin Energy 4815 Mueller Blvd Austin, TX 78723 (512) 972-8488 Rosemary.avilla@austinenergy.com ITEM10/2 ITEM10/3 ITEM10/4 ITEM10/5 ITEM10/6 ITEM10/7 ITEM10/8 (75') N62°20'34"W 74.84' 661 LOT 19 PROPOSED SECONDARY APARTMENT FFE XXX.X' AAG = XXX.X' 660.93' 660.73' MAIN AREA CALCULATIONS 640 910 1,550 ft² LOWER FLOOR UPPER FLOOR COPYRIGHT 2024 SALTBOX STUDIO THESE DRAWINGS AND THE DESIGN CONTAINED THEREIN OR WHICH MAY BE INFERRED THERE FROM ARE, AND AT ALL TIMES REMAIN, THE EXCLUSIVE PROPERTY OF SALTBOX STUDIO, WHO H O L D S T H E C O P Y R I G H T A N D OWNERSHIP IN THE SAID DRAWINGS, WHICH CANNOT BE USED …

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Dec. 9, 2024

ITEM10 C15-2024-0045 ADV PACKET PART2 DEC9 original pdf

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ITEM10/14 ITEM10/15

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Dec. 9, 2024

ITEM11 C15-2024-0041 ADV PACKET DEC9 original pdf

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BOA GENERAL REVIEW COVERSHEET CASE: C15-2024-0047 BOA DATE: Monday, December 9th, 2024 ADDRESS: 4906 Lynnwood St OWNER: COUNCIL DISTRICT: 7 AGENT: ZONING: SF-3 LEGAL DESCRIPTION: LOT 3 RESUB BLK 4AND5 ROSEDOWN VARIANCE REQUEST: Land Development Code:  Section 25-2-492 (Site Development Regulations) to decrease the minimum interior side yard setback from 5 feet (required) to 2 feet 5 inches (requested) and  Section 25-2-515 (Rear yard of Through Lot) & Section 25-2-773 (Duplex, Two-Unit, and Three-Unit Residential Uses) (B) (3) (a) to decrease the minimum rear yard setback from 15 feet (required) to 3 feet (requested). SUMMARY: erect an addition to complete and change use to a Two-Family residential ISSUES: through lot Site North South East West SF-3 SF-3 SF-3 SF-3 SF-3 ZONING LAND USES Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Neighborhoods Council Bull Creek Road Coalition Friends of Austin Neighborhoods Homeless Neighborhood Association Lower District 7 Green North Austin Neighborhood Alliance Preservation Austin Rosedale Neighborhood Assn. Save Our Springs Alliance Shoal Creek Conservancy ITEM11/1 November 25, 2024 Bhavani Singal 4906 Lynnwood St Austin TX, 78756 Re: C15-2024-0047 Dear Bhavani, Property Description: LOT 3 RESUB BLK 4AND5 ROSEDOWN Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance request from LDC Section 25-2- 492 and 252-2-515(B)(1) at 4906 Lynnwood Street. Austin Energy does not oppose the request, provided that any proposed or existing improvements follow Austin Energy’s Clearance & Safety Criteria, the National Electric Safety Code, and OSHA requirements. Any removal or relocation of existing facilities will be at the owner’s/applicant’s expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of the above review action: https://library.municode.com/tx/austin/codes/utilities_criteria_manual?nodeId=S1AUENDECR_1 .10.0CLSARE If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Rosemary Avila, Planning Officer Infrastructure Services | Austin Energy 4815 Mueller Blvd Austin, TX 78723 (512) 972-8488 Rosemary.avilla@austinenergy.com ITEM11/2 ITEM11/3 Portion of the City of Austin Land Development Code applicant is seeking a variance from: 25-2-492 SITE DEVELOPMENT REGULATIONS for an interior side yard setback of 5' ____________________________________________________________________________ (required) to 2'5' (proposed) and 25-2-773(B)(2 &3) DUPLEX, TWO-UNIT, AND THREE-UNIT ____________________________________________________________________________ RESIDENTIAL USES for a rear yard setback on a through lot of 15' (required) to 3' (proposed) ____________________________________________________________________________ to change the use of a …

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Dec. 9, 2024

ITEM12 BOA MONTHLY REPORT original pdf

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BOA Monthly Report July 2024-June 2025 November 14, 2024 Granted 0 Postponed 6 1. 25-2-779 (Small Lot Single-Family Residential Use) from setback requirements to decrease the minimum front yard setback 2. 25-2-492 (Site Development Regulations): a. Height Requirements to increase the height, Setback Requirements to decrease the minimum front yard setback, Setback Requirements to decrease the minimum rear yard setback, Building Coverage to increase and Impervious Coverage to increase and 25-2-832 (Private Schools) (1) a site must be located on a street that has a paved width. 3. 25-10-124 (Scenic Roadway Sign District): (B) to allow more freestanding signs and (B) (1) (b) to increase the maximum sign area and (B) (2) to increase overall sign height and (F) to allow for internally sign and (G) to decrease signs from the right-of-way and 25-2-191 (Sign Setback Requirements) (E) to decrease the setback and (F) (1) to increase height and (F) (2) to reduce clearance 4. 25-2-654 (Density Bonus ETOD (DBETOD) Combining District Regulations: (H) Compatibility Requirements (3) and (H) Compatibility Requirements (4) (a) from compatibility buffer to decrease 5. 25-2-492 (Site Development Regulations) from impervious coverage requirements to increase 6. 25-2-492 (Site Development Regulations) from setback requirements to decrease the interior side yard setback and 25-2-773 (Duplex, Two-Unit, and Three-Unit Residential Uses): (1) reduce minimum lot area and (3) (a) reduce rear setback 0 new inquiries (Added Nov14# 2024) 3 – Postponed to Dec 9, 2024 Withdrawn 0 Denied (Reconsideration) 0 Discussion Items Nov 2024 Interpretations The deposition of the case items: Granted Postponed Withdrawn Denied Discussion Items Board members absent: Michael Von Ohlen, Melissa Hawthorne, Yung-ju Kim, Marcel Gutierrez-Garza (resigned) and 2 vacant positions (alternate) 9 11 0 1 15 – 3 postponed items to Dec 9, 2024 October 14, 2024 Granted 2 Postponed 2 1. 25-2-814 (Service Station Use) (3) to increase the queue lanes 2. 25-2-773 (Duplex, Two-Unit, and Three-Unit Residential Uses): a. (B) (7) Impervious Coverage to increase and (E) (4) F.A.R to increase 4. 25-2-779 (Small Lot Single-Family Residential Use) from setback requirements to decrease the minimum front yard setback 5. 25-2-492 (Site Development Regulations): a. Height Requirements to increase the height, Setback Requirements to decrease the minimum front yard setback, Setback Requirements to decrease the minimum rear yard setback, Building Coverage to increase and Impervious Coverage to increase and 25-2-832 (Private Schools) (1) a site must be located on a street that has a …

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Dec. 9, 2024

ITEM02 C15-2024-0028 PRESENTATION original pdf

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Architectural vision : Peterson residence Presentation for Austin Board of Adjustment ITEM02/1-PRESENTATION Presentation agenda : Today, I’m excited to take you through our project in detail, we will begin by discussing the project objectives, next, we will dive into the proposed design concept. Finally, we will show how our design thoughtfully aligns with the Bouldin neighborhood. ITEM02/2-PRESENTATION Project overview Currently the house stands at 1626 sqf with a lot size of 2,265 sqf. The existing layout includes two bedrooms , 2.5 bathrooms and a cover carport but lacks a main common area. Our plan is to preserve the original design and layout of the house while embracing the unique challenges it presents. Our goal is to create an outdoor space that accommodates the needs of a growing family, while ensuring that the home’s character and charm remains intact. ITEM02/3-PRESENTATION Project objective ● Making the house suitable for a military family of three that is moving back from abroad , ensuring enough space and comfort for everyone. ● Ensuring enough outdoor space for gathering or entertainment. ● Gaining an extra covered parking. ● Add attractive design elements, combining a classic and modern styles for a beautiful appearance. ITEM02/4-PRESENTATION Deck design Our outdoor deck design concept aims to create a modern and functional space that serves as a space for family and friend gathering, as well as a connection space for greeting neighbors. ITEM02/5-PRESENTATION Deck design ITEM02/6-PRESENTATION Project variant for second story deck. Second story deck with staircase leading to downstairs size of the deck is 350 square-foot in total including stairs. Addition to extend beyond the front 15 foot front building set back by 3.6 foot. ITEM02/7-PRESENTATION Aerial footage of the neighboring homes and how close they are to the front of the street. ITEM02/8-PRESENTATION Survey for project showing front setback from property. ITEM02/9-PRESENTATION Deck Variant The current residence occupies 1,626 square feet of a 2,265 square-foot lot, leaving minimal space for outdoor gatherings or events. The purpose of this construction project is to accommodate a retiring military family of three relocating from out of country who require additional outdoor space for family activities. Due to the limited lot size, we have explored various options but have not identified any viable alternatives for creating a more functional outdoor area. Our primary goal is to enhance the outdoor space to better support the homeowner's needs for family gatherings and outdoor activities. Having …

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